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75
Any domestic factory and workshop, however, in which any work is carried on
that has been certified by the Secretary of State as dangerous, is subject to all the
provisions of the Act as though it were an ordinary factory or workshop.
Administration.
Powers of District Council.—For the purpose of their duties with respect to
workshops and workplaces under the Act, and under the Public Health Acts, the
District Council and their officers are given the same powers of entry, inspection,
taking legal proceedings, or otherwise as a Factory Inspector possesses. These powers
in the case of workplaces are given for the first time by the Act of 1901. The
powers of an Inspector are contained in sec. 119 of the Act, and include the power
to enter, inspect, and examine, to take a constable in cases in which there is reason
to apprehend any serious obstruction, to examine the persons found therein, to require
the production of documents, &c. In cases where proceedings are taken under the
Factory Act, and not under the Public Health Acts, special attention should be paid
to the provisions of sec. 146 of the Act with respect to legal proceedings.
Register of Worksliops.—The Act places a new duty on every District Council to
keep a register of all workshops situate within its district (sec. 131.) To assist the
Council in preparing such a register, instructions have been given to the Factory
Inspectors to allow the District Council to make copies of the register of workshops
kept by the Inspector, and the Council will also continue to receive (sec. 127) from
the Inspector any notices of occupation of a workshop which may be sent to him.
The Council should not, however, depend exclusively on these sources of information
for compiling their register, but should take steps, through their own officers, to
ascertain what workshops are situate in their district, with a view to making the
register as complete as possible.
Duties of Medical Officer of Health.—Under sec. 132 of the Act, the Council's
Medical Officer of Health is required for the future in his annual report to the Council
lo report specifically on the administration of the Act in workshops and workplaces so
far as the matters under the charge of the Council are concerned, and to send a
copy of his report on the subject to the Secretary of State. The matters which the
report should specially deal with will be the provisions as to sanitation, bakehouses,
and homework.
It is also the duty of the Medical Officer, if he finds any woman, young person,
or child employed in a workshop in which no abstract of the Act is posted up, to inform
the District Inspector of Factories in writing.
Matters referred to Council by Factory Inspectors.—The Factory Inspector will, on
finding in a factory or workshop any act, neglect, or default in relation to a drain,
water-closet, earth-closet, privy, ash-pit, water supply, nuisance, or other matter which
is punishable or remediable under the Public Health Acts but not under the Factory
Act, give notice to the Council of such Act, &c.; and it will then be the duty of
the Council to make enquiry into the matter, take such action as may seem
proper, and inform the Inspector of the proceedings taken. If proceedings are not
taken by the Council within one month, the Inspector is authorised to take the same
proceedings as the Council might have taken, and to recover from the Council the
expenses incurred by him which have not been recovered from any other person,
and have not been incurred in any unsuccessful proceedings (sec. 5).